You have been hurt in some way and are attempting to file a claim with your insurance company, but you feel like they are giving you the run-around and not wanting to pay your claim. You wonder, is it just you? Maybe they are right and you’re not entitled to any money or help. Maybe your plan doesn’t cover your injury.
Unfortunately, you may be dealing with a bad faith insurance claim – also called unfair insurance claim practices. This may happen when an insurance company will unreasonably withhold your policy benefits.
Insurance Claims
If you feel this is happening to you, it is wise to speak with an attorney who can deal with the insurance company for you, and make sure you have given everything your policy states is owed to you.
Insurance companies owe each policyholder a duty of “good faith and fair dealings”; when the company violates these good-faith dealings; then the insured person may sue the company on both a breach of contract and a tort claim. The tort claim is what allows punitive damages that are usually unavailable in the breach of contract suit.
According to the Legal Dictionary, punitive damages are “Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer”.
Do you have a claim for damages for a personal Injury claim in Buffalo, NY?
Some examples which may give the reason for a lawsuit against an insurance company are:
- Attempting to settle a claim for less than the amount of what the insured is entitled to, or lead to believe is entitled to based on written material
- Delaying payment or investigation by requiring the insured or the physician to submit a preliminary claim report then requiring the insured or the physician to submit a formal proof of loss form, both contain about the same information – this may be used as a stall tactic
- Attempting to settle the claim on an application that was altered without the insured person’s notice, knowledge, or consent
- Refusing to pay the claim without conducting a reasonable investigation
- Misrepresenting facts or provisions relating to coverage
- Failing to confirm or deny a claim within a reasonable amount of time after proof of loss statements has been filed
If you feel your insurance company is not abiding by the good faith and fair dealings duty, then contact Richmond Vona, LLC. They have worked with insurance companies many times in the past, and if necessary, they can deal with them in court.
You do not deserve to be mistreated by these companies; you have already been through enough drama and injury to have to deal with their misgivings as well. Richmond Vona, LLC is a personal injury law firm that will be able to assess your situation and, if retained, argue on your behalf.